Explanation
This legislation authorizes the Director of Recreation and Parks to execute a settlement agreement and mutual release with Shaw & Holter, Inc., and Jones-Stuckey Ltd. for the Academy Park Suspension Bridge project.
The City undertook a rehabilitation of the Academy Park Suspension Bridge. Shaw & Holter and Jones-Stuckey teamed together and were selected to provide services for the project. The parties entered into a contract dated March 14, 2013.
After the project was completed, the bridge experienced a cable failure on April 15, 2015. A dispute arose with respect to the cause, liability, and cost to repair the bridge.
Shaw and Holter, Inc., will pay the City of Columbus Department of Recreation and Parks $80,000 to compensate for the additional costs associated with the repairs.
Jones-Stuckey Ltd., will pay the City of Columbus Department of Recreation and Parks $220,000 to compensate for the additional costs associated with the repairs.
Emergency Justification: Emergency action is requested in order to proceed with settlement agreement and release immediately for the City of Columbus to receive reimbursement for the repair cost.
Fiscal Impact: Settlement funding received shall be deposited to Fund 7747. $300,000.00 will be deposited to the Recreation and Parks Permanent Improvement Fund 7747.
Title
To authorize the Director of Recreation and Parks to enter into settlement agreements with Shaw & Holter, Inc., and Jones-Stuckey Ltd. for the Academy Park Suspension Bridge project; to accept paid settlements in the amount of $300,000.00 to the Recreation and Parks Permanent Improvement Fund; and to declare an emergency. ($300,000.00)
Body
WHEREAS, the City undertook a rehabilitation project of the Academy Park Suspension Bridge with the team of Shaw & Holter, as the contractor, and Jones-Stuckey, as the engineer. The parties entered into a contract dated March 14, 2013; and
WHEREAS, after the project was completed, the bridge experienced a cable failure on April 15, 2015; and
WHEREAS, a dispute arose with respect to the cause, liability, and cost to repair the bridge; and
WHEREAS, the parties have decided to resolve the dispute through mediation; and
WHEREAS, Shaw and Holter, Inc. has agreed to contribute $80,000.00 to the City to resolve the dispute; and
WHEREAS, Jones-Stuckey, Ltd. has agreed to contribute $220,000.00 to resolve the dispute; and
WHEREAS, an emergency exists in the usual daily operation of the Recreation and Parks Department in that it is immediately necessary to authorize the Director to enter into a settlement agreement and accept funds from both parties in order to reimburse the City of Columbus for repairs made; NOW, THEREFORE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Director of the Recreation and Parks Department be, and hereby is, authorized to enter into a settlement agreement and mutual release with Shaw and Holter, Inc. and to accept the amount of $80,000.00 from them, and also with Jones-Stuckey Ltd. and to accept the amount of $220,000.00 from them, in order to resolve the dispute between the parties.
SECTION 3. That the Director of the Recreation and Parks Department be and is hereby authorized to accept a settlement payment from Shaw and Holter, Inc. in the amount of $80,000.00 and deposit to
Unallocated Balance, Fund 7747, Project P747999-100000.
SECTION 4. That the Director of the Recreation and Parks Department be and is hereby authorized to accept a settlement payment from Jones-Stuckey, Ltd. in the amount of $220,000.00 and deposit to
Unallocated Balance, Fund 7747, Project P747999-100000.
SECTION 5. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or 10 days after passage if the Mayor neither approves nor vetoes the same.